What are the costs of a motion requiring a plaintiff to plead and pursue spoliation and punitive damages?

Ontario, Canada


The following excerpt is from Ben-Margi v. Paiva, 2022 ONSC 1466 (CanLII):

Costs ordinarily follow the event and are made payable forthwith, unless the court exercises its discretion to order otherwise: Calibur Tool v. Ecotemp Manufacturing, 2020 ONSC 2511 at para. 42. The motion was necessary for the plaintiffs to plead and pursue spoliation and punitive damages allegations that they intend to advance at trial. In my view, although the plaintiffs are entitled to some costs, I am satisfied that recovery of those costs in the particular circumstances of this case should be tied to success at trial. It is thereby appropriate that costs be payable in the cause, rather than forthwith.

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